Repeal: Difference between revisions

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==Express or implied repeal==
 
{{More citations needed section|date= June 2024}}
 
The repeal of a [[statute]] may be either express or [[implied repeal|implied]].<ref name="ReferenceA">Vauxhall Estates, Ltd. v. Liverpool Corporation [1932] 1 KB 733</ref>
 
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In legislative bodies, the motion to rescind is used for much the same purpose as the motion to [[reconsider]]; many court decisions treat the two motions as one motion. However, in legislative contexts, it is not the same as a motion to repeal. The difference between rescind and reconsider is that the motion to rescind is ordinarily applied to actions that have been taken and are already in effect. It has been described as being in the nature of a motion to amend by striking out the entire proposal and leaving nothing remaining. It is not in order when the question can be reached by a motion to reconsider. Once legislation has been actually enacted, it is too late to rescind. The vote required to rescind is the same as would be required to repeal the act which it sought to rescind (usually a majority).<ref>{{cite parl|title=MAS|edition=2000|year=2000|pages=321–323}}</ref>
 
=== Rescind and expunge from the minutes ===
The motion to '''rescind and expunge from the minutes''' is used to express the strongest disapproval about action previously taken by a deliberative assembly. Using [[Robert's Rules of Order|''Roberts Rules of Order Newly Revised'']], this motion requires a vote of a majority of the entire membership.<ref name=":2">{{Harvard citation no brackets|Robert|2011|p = 310}}</ref> Using ''The Standard Code of Parliamentary Procedure'', the motion to expunge requires a majority vote (of those voting). The secretary does not erase the expunged motion, but draws a line around it, marks it "expunged by order of this assembly," gives the date of the expunging, and signs the notation.<ref name=":2" /> The expunged motion is not included in any [[minutes]] published thereafter.<ref name=":1" />